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Virtual Hearings: HKIAC Releases Guidelines to Encourage Embracing the New Normal
COVID-19 has fundamentally changed how society operates and people live, as people adapt their habits for the new normal. A similar shift is
PRC court clarifies enforcement of Mainland award made by foreign institution
On 6 August 2020, Guangzhou Intermediate People’s Court made a civil ruling that an arbitral award made in Guangzhou by the ICC should be regarded as
SICC upholds arbitral awards despite tribunal errors and foreign illegality
In a recent judgment from the Singapore International Commercial Court (“SICC”), the International Judge refused an application to set aside several
Affirmed: “cluttered” website means no agreement to Arbitrate
Clean up that website!! “Clutter” may obscure and negate attempts to highlight terms and conditions that require arbitration of Telephone Consumer
Limitation period for enforcement of Foreign Award
About 5 months ago, when a three judges’ bench of Hon’ble Supreme Court of India (“SC”) decided the issue regarding the limitation period for
What if mediation does not work?
In divorce or Family Law matters, mediation is common. In some cases, the court orders that the parties go to mediation. After a case is over in a
Sword or shield? Resisting the enforcement of arbitration awards in Australia and security for costs - Energy City Qatar Holding Company v Hub Street Equipment Pty Ltd 2020 FCA 1033
In the matter of Energy City Qatar Holding Company v Hub Street Equipment Pty Ltd 2020 FCA 1033, the Federal Court of Australia provided clarity on
VIETNAM - WHY YOU SHOULD INVEST IN RENEWABLE ENERGY NOW
It has never been easier and more beneficial to invest in renewable energy in Vietnam. The country has one of the most sun hours during the year and
Mission and Challenges of Alternative Resolution of Trade Disputes
Julio Brea Guzmán, partner at the firm Guzmán Ariza and president of the Center for Alternative Disputes Resolution (CRC) at the Chamber of Commerce
The rise of 'email fraud' and recovery litigation in Hong Kong
In view of the rapid change in the technological landscape, email fraud' is becoming more and more prevalent. Upon discovery of the fraud, time is
Troubling Trend, Another Court Declines to Enforce Arbitration Clause
As we’ve covered, courts sometimes decline to enforce arbitration clauses despite federal public policy favoring arbitration. The United States
Fundamental tenets of international trade and investment agreements or sovereign immunity?
The Full Court of the Federal Court of Australia recently heard an appeal by The Kingdom of Spain in proceedings brought by European companies (Eiser
Institutional arbitration in Africa: Opportunities and challenges
International arbitration remains the dispute resolution mechanism of choice for cross-border disputes
The Micula Saga unconvincing decision of the US District Court
The Micula Saga is characterized by the ICSID award (and its review by the ad hoc Committee) being just the beginning rather than the conclusion of
COVID-19: preliminary arbitration trends in transport sector
The COVID-19 pandemic has severely curtailed court access in many jurisdictions. By virtue of its flexibility, arbitration has been offered up as a
New draft bill to reform the Luxembourg arbitration law
On 15 September 2020 the Minister of Justice has submitted a long-awaited draft bill reforming the arbitration provisions in the Luxembourg Code of Civil Procedure
2nd Circuit denies arbitration for sandwich chain in TCPA action
On September 15, the U.S. Court of Appeals for the Second Circuit affirmed the district court’s denial of arbitration, concluding that a national
Modernisation of Luxembourg arbitration law
What is the overarching objective? To promote Luxembourg as place of arbitration by adapting the country’s existing legal framework to international
Tribunal dismisses all of investor's claims under NAFTA and orders him to pay more than $2 million in costs
In 2016 Joshua Dean Nelson commenced arbitration against Mexico on behalf of Telefacil México, SA de CV and himself under the North American Free
Banking and financial services litigation podcast series
Stephenson Harwood banking and financial services litigation podcast series Remote trials podcast The Covid-19 outbreak has forced the Courts and
Amendments to Thailand’s Civil Procedure Code to Allow Civil Mediation before Litigation
Recent amendments to Thailand’s Civil Procedure Code (CPC) will allow parties to submit a matter for court-supervised mediation prior to the actual
Shanghai court holds that arbitration agreement providing for arbitration administered by SIAC in Shanghai is valid
In December 2019, the Singapore Court of Appeal (“SGCA“) in BNA v BNB ruled on the interpretation of an arbitration agreement that
Brexit snapshot - Brexit and dispute resolution issues
The EU Withdrawal Act 2018, as amended by the European Union (Withdrawal Agreement) Act 2020, (the "Act") repealed the European Communities Act 1972
Hong Kong Court Reiterates Principles for Stay to Arbitration, Focusing on Contractual Interpretation of a Dispute Resolution Clause
In Cheung Shing Hong Ltd v China Ping An Insurance (Hong Kong) Co Ltd 2020 HKCFI 2269, the High Court (Court) addressed the question of whether a
Can company law disputes be arbitrated? Bridgehouse (Bradford no 2) Ltd v BAE Systems Plc
This case concerned a dispute arising from a contract entered into on 20 December 2012 (”the Contract”) by the Respondent (“BAE”) and Appellant
Singapore Convention comes into force
The Convention (the United Nations Convention on International Settlement Agreements Resulting from Mediation) enables enforcement of international
Disputes over dispute resolution clauses - how to avoid ‘commercial nonsense’
Contracts routinely contain dispute resolution clauses in which the parties record their binding preferences for the resolution of disputes. This may
Important Arbitration Decision for Lenders
A recent decision of an Arbitral Tribunal constituted under the auspices of the International Centre for Settlement of Investment Disputes (ICSID